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Jurisdiction Under English National Rules Cases

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JURISDICTION UNDER ENGLISH NATIONAL RULES Service Within Jurisdiction Personal Service Maharanee of Baroda v Wildenstein [1972]
C wished to serve D, a French art dealer. Validly did so whilst he was on a temporary visit to country attending Ascot races. 'Place of Business' Rakusens Ltd [2001]
Defendant company's business card listed address of that company's agent as D's place of business in the UK. C served claim on this address. Held:

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Service upon place of business of D's agent does not suffice
? must be place of business of D himself On facts, was nothing to suggest that address was that of D rather than simply D's agent.

Dunlop Pneumatic Tyre Co [1902]
D ran exhibition at a trade fair in London. Held that this sufficed to make D 'carrying on business' in UK. Thus claim could be served upon it. Cleveland Museum of Art v Capricorn Art International [1990]

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Art dealer's house held to be place of business as it contained works of art Thus document was validly served there.

Lakah Group v Al-Jazeera [2003]
C alleged they had validly served D at their London offices. D had made statements on its website and in interviews to effect that it had an office in London, and a bureau chief in London. Held:

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These statements were to promote D as a broadcaster.
? and NOT for purpose of showing D as a corporate entity operated in London.
? therefore statements had no bearing on whether D had a place of business in UK. A place in which D has no more than a transient or irregular connection is not a 'place of business' of the company for purposes of CPR Rule 6.9.

Service Out of Jurisdiction Procedure and Standards Bas Capital Funding v Medfinco [2004]
Attempt was made to serve a Maltese defendant out of jurisdiction. C made multiple claims, the validity of which D disputed. Held:

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A small number of contractual claims did have a valid basis.
? thus English courts had jurisdiction to hear this limited number of claims.
? however this did NOT mean English courts had jurisdiction to mean the invalid claims.

Grounds of Jurisdiction Domicile High Tech International v Deripaska [2006]
Issue was whether D, a Russian national, could be said to be resident in England so that the English courts had jurisdiction to hear claims in Russian law against him. D owned two large houses in UK and made frequent visits for business purposes. Held: Facts

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On facts: 1) D owned 20 properties in various countries.
- Thus use to which they were put suggested they were mere 'stopovers'
- And NOT homes 2) D's business trips to UK were ancillary to conduct of his Russian businesses Thus D not resident in UK.

Joinder and Collateral Claims Multinational Gas Co v Multinational Gas Services Ltd [1983]
C sued a subsidiary company in UK, then sought to join parent companies as co-Ds. Was argued that parent companies were not "proper parties" to case, as C's main motive for suing subsidiary was to allow English courts to get jurisdiction over parent companies through

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